LITIGATIONPrint This Page
DGW is there to listen and then to act when disputes arise. Whether you need to bring a complex constitutional challenge against the government or challenge a wrongful dismissal as an individual litigant, we are well equipped to help. Our team will guide you from the beginning of your dispute along the journey to resolution. We have senior litigation lawyers, junior lawyers and legal clerk support, all ready to act. We manage your historical and modern document collection and guide your case through the mediation, arbitration, court or tribunal process. Throughout the life of your case you can count on DGW to listen to your priorities, advocate on your behalf and report back. We keep Chief and Council, Associations, and others up to date on all key legal developments.
DGW has significant experience arguing all matters related to First Nation, Inuit, and Métis issues. These cases are heard before Provincial Superior Courts, the Federal Courts, and the Supreme Court of Canada. Many of our lawyers are licensed to practice across Canada.
Aboriginal and Treaty Rights
Since 1973, Aboriginal law has emerged as an exciting field of law. This area involves constitutional law as First Nations struggle to define the Aboriginal and Treaty rights protected by section 35 of the Constitution Act, 1982 including hunting, fishing, trapping, aboriginal title, etc.. The Meaning of these “section 35” rights within our legal system are constantly evolving as judicial rulings are released.
We provide advice on all aspects of aboriginal and treaty rights from negotiations to litigation. We can provide cost-effective legal services to First Nations that are in the process of defending their Aboriginal and Treaty rights in court.
Our services in this area include all aspects of dispute resolution involving Aboriginal entities.
- Appearing as Counsel across the country before Tribunals and all levels of Courts including the Federal Courts and the Supreme Court of Canada
- Representation of First Nation, Métis and Inuit clients in rights, Title and Treaty matters
- Drafting legal submissions of clients in rights, title and Treaty matters, including Treaty rights implementation
- Mediation and arbitration services
- General public law and related litigation services
- Participation in restorative justice work in the criminal law environment
- Representing Councils and individuals in matters concerning employment law and asserting Aboriginal rights in relation to Traditional and Treaty territories
- Participating as Counsel in complex, multi-party litigation involving advanced electronic court technology (Willson v. British Columbia a.k.a. The Western Boundary of Treaty No. 8 trial) and the Cohen Commission Inquiry into the Decline of Sockeye Salmon in the Fraser River
- Representing client groups and individuals in litigation related to estates and contract disputes
- Representation of First Nation clients in six-month trial West Moberly First Nations et al. v. British Columbia et al. before the Supreme Court of British Columbia, beginning in October 2014
- Advice relating to Aboriginal title and the Crown’s duty to consult and accommodate First Nations
- Assisting First Nations intervening in quasi-judicial regulatory hearings before the National Energy Board
- Appeared in a number of consultation cases, including in West Moberly First Nations v. British Columbia (Ministry of Energy, Mines, and Petroleum Resources) 2011 BCCA 247, which established the Crown’s obligation to consider cumulative effects
- Regulatory hearings and environmental assessments on numerous major resource development projects
- Wrongful dismissal claims, including civil actions, mediation, and Labour Code adjudications
- Working with the Native Women’s Association of Canada in preparation for their position as interveners in the Supreme Court of Canada case R v. Bedford and participated in the United Nations Commission on the Status of Women lobbying for an enquiry into Missing and Murdered Indigenous Women
- Research surrounding Human Trafficking in Aboriginal Communities